FBI Memo: Treatment of Prisoners and Detainees

The document reiterates existing FBI policy that, "FBI personnel may not obtain statements during interrogations by the use of force, threats, physical abuse, threats of such abuse or severe physical conditions." It also states that abuses should be reported to the FBI on-scene commander.

Doc_type: 
Non-legal Memo
Doc_date: 
Wednesday, May 19, 2004
Doc_rel_date: 
Tuesday, December 14, 2004
Doc_text: 

S


(Rev 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION

Date: 05/19/2004

Precedence: PRIORITYT

To: All Divisions

Attn: ADIC
AD
DAD
SAC
CDC

b2 -1
From: General Cou sel
Contact:

b6 -1
I Approved By: Pistole John S b7C -1 Caproni Valerie
b6 -1
Drafted By:

b7C -1
Case ID #: (U) 66F-HQ-Al258990

Title: (U) Treatment of Prisoners and Detainees

Synopsis: (U) In light of the widely publicized abuses at the Abu
Ghraib prison, Iraq, this EC reiterates and memorializes existing FBI
policy with regard to the interrogation of prisoners, detainees, or
persons under United States control (collectively "detainees"). These
guidelines serve as a reminder of•existing FBI policy that has
consistently provided that FBI personnel may not obtain statements
during interrogations by the use of force, threats, physical abuse,
threats of such abuse or severe physical conditions. In addition,
this EC sets forth reporting requLrements for known or suspected abuse

or mistreatment of detainees.

Details: (U) FBI personnel posted abroad come into contact with
detainees in a variety of situations. Persons being detained or
otherwise held in the custody of the United States are entitled to
varying levels of procedural rights depending upon their situation or

category of detention (e.g., unlawful combatant, prisoner of war).
Although procedural rights, such as Miranda rights, do not apply in

all situations overseas, certain minimum standards of treatment apply
in all cases.

Applicability: (U) FBI personnel and personnel under FBI supervision
deployed in Iraq, Guantanamo Bay, Cuba, Afghanistan or any other
foreign location where similar detention and interrogation issues
arise are to follow FBI policies and guidelines for the treatment of

detainees.

ALL INFORMATION COMICALKRO
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DETAINEES-1386

DOJFB1-001095

To: All Field Offices From General Counsel
Re: (U) 66F-HQ-Al258990, 05/19/2004

(U) "It is the policy of the FBI that no attempt be made

FBI Policy:

to obtain a statement by force, threats, or promises." FBI Legal
Handbook for Special Agents, 7-2.1 (1997). A person's status
determines the type and extent of due process rights accorded by the
FBI, such as right to counsel or advisement of rights. Regardless of
status, all persons interrogated or interviewed by FBI personnel must
be treated in accordance with FBI policy at all times. It is the
policy of the FBI that no interrogation of detainees, regardless of
status, shall be conducted using methods which could be interpreted as
inherently coercive, such as physical abuse or the threat of such
abuse to the person being interrogated or to any third party, or

See, FBI Legal Handbook Section

imposing severe physical conditions
7-2.2.

(U) FBI personnel who participate in

Joint Custody or Interrogation:
interrogations with non-FBI personnel or who participate in
interrogations of persons detained jointly by FBI and non-FBI agencies

or entities shall at all times comply with FBI policy for the

FBI personnel shall not participate in

treatment of persons detained.
any treatment or use any interrogation technique that is in violation

of these guidelines regardless of whether the co-interrogator is in
compliance with his or her own guidelines. If a co-interrogator is
complying with the rules of his or her agency, but is not in

compliance with FBI rules, FBI personnel may not participate in the
interrogation and must remove themselves from the situation.

(U) If an FBI employee knows or suspects non-

Reporting of Violations:

FBI personnel has abused or is abusing or mistreating a detainee, the
FBI employee must report the incident to the FBI on-scene commander,
who shall report the situation to the appropriate FBI headquarters
chain of command. FBI Headquarters is responsible for further follow

up with the other party.

DETAINEES-1387


DOJ FBI-001096

To: All Field Offices From. General Counsel
Re. (U) 66F-HQ-Al258990, 05/19/2004

LEADS:

Set Lead 1 (INFO)
ALL RECEIVING OFFICES

(U) Distribute to all personnel.

Set Lead 2 (INFO)
COUNTERTERRORISM
AT WASHINGTON, DC

(U) To be distributed tc all FBI personnel who are now, or

in the future are, detailed to Iraq, Guantanamo Bay, Cuba, or
Afghanistan or other foreign locations in which similar detention and
interrogation issues may arise

3 DETAINEES-1388
DOJ FBI-001097

Doc_nid: 
5143
Doc_type_num: 
63